But Grodsky still came to the conclusion that DiGiacomo did not suffer from an "occupational disease" because the exposure did not "derive from the very nature" of her work as an animal rescuer.

"Rather, her exposure arose from 'an environmental condition specific to the place of work,' " Grodsky wrote. "The dust and particulates were a result of the environmental conditions in the area in the aftermath of the attack. If she was doing her job in a different area, there would be no exposure."

"Diane's work and the nature of the work required her to respond to emergencies at the behest of her employer," Riordan said. "It is the nature of her employment to respond to emergencies and save and rescue animals. The judge's finding to the contrary is outrageous and a stretch."

"Other than maybe firefighters," he added, "nobody else's job would meet the definition of an occupational disease claim according to Judge Grodsky."

Adding insult to agony, Grodsky conceded that had DiGiacomo filed her paperwork before the Sept. 11, 2014 deadline, she would have been protected.

DiGiacomo had a good excuse for filing late: She didn't receive her cancer diagnosis until the following month. "It didn't relate to her because she wasn't sick," Riordan said.

DiGiacomo is appealing the ruling. If her appeal is denied, her only hope for receiving the full value of her claim lies with Congress.

DiGiacomo with her son Stephan DiGiacomo, 21, left, and her sister Donna DiGiacomo, 47. (Shawn Inglima for New York Daily News)

Lawmakers have so far failed to extend the James Zadroga 9/11 Health and Compensation Act, putting thousands of first responders in jeopardy of losing compensation and access to treatment.

The Workers' Compensation Board declined to comment on the case this week, citing privacy constraints.

DiGiacomo's lawyer said her case should serve as a warning to lawmakers holding up passage of the Zadroga bill. "If the New York State workers' compensation board is going to fail first-responders in the way it has failed Diane DiGiacomo, it is even more important the Zadroga bill is re-enacted," Riordan said.